People v. Green

Opinion

MOSK, J.

Defendant appeals from a judgment sentencing him to death on his conviction of murder in the first degree, robbery, and kidnaping.1 In a proceeding consolidated herewith he also petitions for a writ of habeas corpus, alleging principally that he was denied effective assistance of counsel. We have concluded that the judgment must be affirmed as to the convictions of first degree murder and robbery, but reversed as to kidnaping; that the findings of “special circumstances” elevating the murder to a capital offense must be set aside; and hence that the judgment must also be…